Opinion
2007-499 S C.
Decided May 27, 2008.
Appeal from a judgment of the District Court of Suffolk County, First District (James P. Flanagan, J.), entered November 1, 2006. The judgment, after a nonjury trial, awarded plaintiffs the principal sum of $625.
Judgment reversed without costs and action dismissed.
PRESENT: RUDOLPH, P.J., TANENBAUM and MOLIA, JJ.
In the instant small claims action, plaintiffs alleged, inter alia, that defendant intentionally caused damage to plaintiff Iserino's vehicle. The trial court awarded plaintiffs the principal sum of $625, representing $100 for the insurance policy's deductible for the damage to the vehicle and $525 for the rental of a substitute vehicle. The owner of the damaged car and the renter of the substitute vehicle, however, was plaintiff Iserino, who defaulted in appearing, and thus, is not entitled to the entry of a judgment in his favor. Plaintiff Fallon, though a partner of Iserino at their residence, did not show that he, Fallon, sustained any damages. Accordingly, the judgment is reversed and the action is dismissed as substantial justice has not been done between the parties according to the rules and principles of substantive law (UDCA 1807).
In light of the foregoing, we pass on no other issue.
Rudolph, P.J., Tanenbaum and Molia, JJ., concur.